If you receive injuries in a construction accident, you can receive compensation for medical expenses, lost wages, and pain and suffering. You can seek these damages through a personal injury or workers’ compensation claim. Our firm’s construction accident lawyer in Belleville, IL, can discuss your legal options and help you navigate your case.
Construction Accident Injury Damages You Could Recover
Construction can be dangerous. Often, construction jobs put workers in contact with heavy machinery and equipment, electricity, and hazardous substances, such as oil and gasoline. Employees may also have to work from heights. These factors can lead to a high rate of workplace injuries, including falls, electrocutions, and fire and burn injuries.
If you are a construction worker and you suffered an injury while on the job, you can receive workers’ compensation to pay for your related damages. According to the Illinois Workers’ Compensation Commission, workers’ compensation may include:
- Reasonable and necessary medical expenses – Workers’ compensation should cover medical costs related to your construction injury. These costs include current medical bills and future medical treatments, such as follow-up procedures or physical therapy.
- Disability benefits – If you are put on light duty or cannot work while recovering from your injury, you can receive disability benefits. The amount of wage replacement you are eligible for will depend on the severity of your medical condition and how long it prevents you from working.
- Vocational rehabilitation benefits – Workers’ comp may pay for vocational rehabilitation programs for workers who must change careers due to injury.
- Death benefits – Dependents of fatally injured construction workers may qualify to receive death benefits.
Workers’ compensation benefits do not include money for pain and suffering. However, you may be able to recover pain and suffering damages with a personal injury claim. Pain and suffering compensate for intangible losses, such as severe and chronic physical pain, stress, depression, anxiety, and reduced quality of life.
How to Pursue Construction Injury Compensation
You should get started on your workers’ comp or personal injury case immediately. Doing so will help you collect and preserve evidence. It will also ensure you file claims within the deadlines.
How to File a Workers’ Compensation Claim
Most employees in Illinois have workers’ compensation coverage through their employer. If an injury occurred while performing your job, you can file a claim.
Workers’ comp is a no-fault insurance system, meaning you do not have to prove fault or show that negligence caused your injury to receive compensation. You will need to prove that your injury is job-related. You will also have to prove your financial losses to the insurance company and negotiate for a full and fair settlement.
For most injury claims, you must notify your employer within 45 days of the construction accident to be eligible for workers’ comp. If your employer or their insurer refuses to pay your claim, you have three years to file a case with the Illinois Workers’ Compensation Commission.
How to File a Personal Injury Case
You may be able to sue your employer for personal injury if they do not provide workers’ compensation insurance. You may also have a personal injury claim against a liable third party. To receive damages, you will have to demonstrate that negligence (i.e., someone else’s careless or wrongful actions) caused your injury.
Illinois law generally allows two years to file a personal injury lawsuit in civil court. If the statute of limitations expires, you likely will not be able to sue for damages, so do not delay.
Contact Bartholomew, Shevlin & Flack, LLP
Bartholomew, Shevlin & Flack, LLP has decades of legal experience. Our track record includes multimillion-dollar settlements and verdicts for injury victims. If you or someone you love was hurt in a construction accident, our attorney serving Illinois is here to help you seek justice. Contact us online or call today for a free consultation.